PAH OBRA SOCIAL MANUAL · 2016-08-22 · Neighbours can help facilitate access to the property. On the day of the eviction, they might leave open the most viable and hard to deac-tivate

PAH OBRA SOCIAL

MANUAL

PAH OBRA SOCIAL MANUAL 2

TABLE OF CONTENTS

1. INTRODUCTION1.1 WHAT DO YOU HAVE IN YOUR HANDS?

1.2 THE OBRA SOCIAL CAMPAIGN1.3 METHODS

2. INDIVIDUAL RECUPERATIONS2.1 PHASE 1: PRELIMINARY

2.2 PHASE 2: DAY OF THE OCCUPATION2.2.1 LEGAL CONSIDERATIONS FOR PHASE 2

2.3 PHASE 3: DAYS FOLLOWING THE OCCUPATION2.3.1 NEGOTIATION WITH THE BANK

2.3.2 POLITICAL, SOCIAL AND MEDIA DEFENSE OF THE BUILDING

2.3.3 LEGAL CONSIDERATIONS FOR PHASE 3

3. COLLECTIVE RECUPERATIONS3.1 PHASE 1: PRELIMINARY

3.1.1 WORK GROUP3.1.2 SELECTION OF THE BUILDING

3.1.3 ENTRY CRITERIA FOR THE FAMILIES3.1.4 ALLIANCES

3.1.5 LEGAL CONSIDERATIONS FOR PHASE 1

3.2 PHASE 2: THE DAY OF THE OCCUPATION

3.2.1 TWO WAYS OF ENTERING THE BUILDING AND PUBLICIZING THE ACTION

3.2.2 GOOD COMMUNICATION OF THE ACTION, ESSENTIAL3.2.3 LEGAL CONSIDERATIONS FOR PHASE 2

3.3 PHASE 3: DAYS FOLLOWING THE OCCUPATION3.3.1 NEGOTIATION WITH THE BANK

3.3.2 BUREAUCRATIC FORMALIZATION OF THE NEW COMMUNITY

3.3.3 POLITICAL, SOCIAL AND MEDIA DEFENSE OF THE BUILDING

3.3.4 UTILITIES3.3.5 LEGAL CONSIDERATIONS FOR PHASE 3

4. GENERAL LEGAL ASPECTS4.1 JUDICIAL PROCESS

4.1.1 CRIMINAL PROCEEDINGS4.1.2 CIVIL PROCEEDINGS

5. USEFUL DOCUMENTS5.1 DOCUMENT 1: INVIOLABILITY OF THE HOME

5.2 DOCUMENT 2: REQUEST FOR MEDIATION5.3 DOCUMENT 3: FORMALIZE A NEIGHBOUR’S

ASSOCIATION5.4 DOCUMENT 4: EXAMPLE LETTER TO THE NEIGHBOURS

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INTRODUCTION


INTRODUCTION

1.1 WHAT DO YOU HAVE IN YOUR HANDS?What you have here is a protocol for the PAH Obra Social (Social Work) campaign, funda-mental information to put into practice. Like all actions of the PAH, which are based on direct experience, they generate knowledge and tools that, later on, can be shared for others to use. (legal documents, forms of direct action, graphic materials for public denounce-ments, etc.). As with other direct action campaigns by the PAH, this protocol serves in both extending the Obra Social campaign, as well as the PAH’s vision (see other PAH protocols: criteria for creating a PAH, eviction protocols, escrache protocols).*

1.2 THE OBRA SOCIAL CAMPAIGNOrigin and justification: This campaign started on the street, Septem-ber 2011: we were not able to prevent the third eviction attempt of a family, however after three days, we moved the family back into the same home.

The motives for the campaign are simple: they

* For more information on the PAH and its protocols please refer to Ada Colau and Adrìa Alemany’s book “Mortgaged Lives: From the housing bubble to the right to housing”.

http://joaap.org/press/mort-gagedlives.html

** Since 2007 there have been over 600,000 fore-closures resulting in over 200,000 evictions since 2013.

Source: General Council of the Judiciary, March 2016

*** There are 3,44 million vacant properties throughout Spain

Source: Housing Rights Watch, citing the 2011 cen-sus. September 2015.

evict us from our homes and steal them away from us, yet we still have to continue paying for them and are thus condemned to a life of indebtedness. They throw us out onto the street without offering us any other place to live.

The banks, including the ones who received public bailouts, continue on with this antisocial behavior, while at the same time accumulat-ing massive quantities of vacant properties, thereby violating the social role of housing.** *** The government supports this tendency: it doesn’t try to stop it, nor offer solutions like, for example, affordable social rent, preventing evictions, or “datio pro soluto” – handing the keys back to the bank in return for the cancel-lation of the mortgage.

The PAH Obra Social is an occupation cam-paign. It considers the recuperation of hous-ing as a right in response to the widespread housing emergency, which has been artificially and deliberately created by the banks and government.

Faced with a housing crisis, it proposes the recuperation of empty residential properties


INTRODUCTION

* The PAH Obra Social has rehoused over 3500 people since its inception in 2011. Source: https://twitter.com/ObraSocial_PAH

** There are 47 Obra Social buildings currently in oper-ation throughout Spain: 25 of them located in Catalonia and the other 22 situated in Castilla-La Mancha, Astur-ias, Andalucia, Extremadura, Zaragoza, Valencia, and the Community of Madrid.

Source: https://twitter.com/ObraSocial_PAH

https://twitter.com/ObraSocial_PAH/sta-tus/75078478827724800

owned by banks and offering them to evicted families who had been made homeless and within an affordable (social) rent regime; based 30% of their income (whatever that might be). The Obra Social ties naturally to the PAH’s working methods: defending the rights of peo-ple that have been taken away from them, us-ing civil disobedience as a means of reclaiming back those rights and force solutions.*

1.3 METHODSINDIVIDUAL RECUPERATIONSAn eviction highlights the antisocial stance held by financial institutions, who throw people out of their homes, only to leave them vacant afterward. Rehousing these evicted families, who are still responsible for the remaining debt, is, therefore, the only logical solution. When the (financial and government) institu-tions do not offer us any suitable options, it makes sense then to apply systematic pres-sure, thereby allowing the reopening of cases where a judgment was entered against the family, to negotiate them anew.

COLLECTIVE RECUPERATIONSThe banks’ refusal to assume responsibility for the crisis and a complacent government which

bails out banks without penalty (for example, handing over empty properties to be used for social housing) justifies the recuperation of vacant properties for collective rehousing.

This option is suitable when an individual recuperation is not feasible, or if families– having handed the keys back to the bank in return for the cancellation of the mortgage–suddenly find themselves out on the street and with no resources. Also, it makes visible the amount of vacant properties currently un-der bank ownership and the need to put forth solutions that guarantee the right to housing.**


INDIVIDUAL RECUPERATIONS



2.1 PHASE 1: PRELIMINARYIt is imperative that whoever is considering un-dertaking such an activity, is convinced that, for them, it is the only option. The individual or family needs to be informed about the bene-fits and possible harm of taking over a vacant property. It is important to get neighbourhood support. Usually, however, the community is already aware that one of their neighbours was evicted. With the PAH’s support, it should also be possible to initiate the intervention media-tion process.

It is important to know beforehand the scope of the negotiations with the bank; that all possible avenues had been exhausted before the eviction, and that the family is not being offered any alternative housing. It is advisable to be able to show documented proof of the urgency of the situation (prior applications for social housing, or requests to the bank for social rent, etc.). It will be necessary to have all necessary channels and contacts ready and available at short notice (case history, viable negotiators, etc.).

2.2 PHASE 2: DAY OF THE OCCUPATIONNeighbours can help facilitate access to the property. On the day of the eviction, they might leave open the most viable and hard to deac-tivate point of access (balcony, roof, windows, community patios, etc.).

If you can’t count on neighbours’ support, you can simply do what locksmiths do, and try to change the lock. For the first few days, it will be important to keep a certain amount of dis-cretion, so as to not attract too much attention that somebody calls the police thinking that a crime is being committed. However, we don’t recognize this as a crime. It is about using vacant properties, to carry out their social role, and help find a solution to a situation of such dire need. We therefore consider what we are doing a legitimate act.

It is recommended not to make the family’s rehousing public the very same day of the action since this would unnecessarily expose both the family and property. At the same time, one shouldn’t let too much time pass, as there is a risk of making the action too invisible. A one-week margin is sufficient.

2.2.1 LEGAL CONSIDERATIONS FOR PHASE 2Try to not cause too much damage to the entrance. One should change the lock and close the doors as quickly as possible.

Experience from some PAHs indicate that the main risks and pressure occur in phase 3; it is unlikely that the pres-ence of the police or property owner (the bank) will happen on the same day that the individual or family enters the property.

However, there have been other experi-ences where the opposite occurred. One cannot rule out that the police or (bank) property owner might arrive the same day. They cannot, however, intervene without a court order. Never open the door, and instead redirect them to the courts. (consult document 1)



2.3 PHASE 3: DAYS FOLLOW-ING THE OCCUPATIONOne of the logistical advantages of this type of rehousing is that–if not too much time has passed since the eviction–the utilities should still be on and in the name of the person re- entering the property.

If this is not the case, it is relatively straightfor-ward to reactivate the utilities using previous invoices or paperwork. Generally, it is reason-able to expect a stable medium-term stay; typically the banks forget about the properties once they take possession of it after the evic-tion.

2.3.1 NEGOTIATION WITH THE BANKPublicizing the occupation of the vacant property is important. It will serve in making a strong defense when opening up a negotiation with the bank. There is a developing tendency by some banks to regularize these types of individual occupations, as illegal occupations of vacant properties are spreading silently in many cities, and some banks are now even offering low rents to the new tenants. It is important to start negotiations immediate-ly to the maximum extent possible, to avoid

prosecution which, if it goes through to a civil suit, will quickly go in the bank’s favor. It could be the moment to negotiate for cancellation of the outstanding mortgage debt, and for a social rent on the property. If the case goes through to a criminal suit, it is equally advised to open up a negotiation immediately.

2.3.2 POLITICAL, SOCIAL AND MEDIA DEFENSE OF THE BUILDINGMaking the occupation of the property legit-imate is critical. Through press, neighbours and neighbourhood associations, try to defend publicly the importance and necessity of the social use of these vacant properties, when its very social role is being so neglected. Make a request for mediation to the local administra-tion and other official entities, to help resolve the family’s situation. You can use the exam-ple letter included in this manual for soliciting mediation from City Hall and the Bar Associ-ation, which must be sent registered (consult document 2).

It is essential to visually identify the occupation of the property from the street, by hanging banners with logos from the PAH Obra Social campaign.



2.3.3 LEGAL CONSIDERATIONS FOR PHASE 3Publicize the claim for the action, to make visible the family’s current situ-ation and to force a negotiation on the bank. Try to create an opening for a favorable context in a possible judicial process.

In theory, in the situation that the occu-pation goes through as a civil suit, which is much faster than a criminal one, then this does away with any immediate admission of guilt. However, it is not in your interest to speed up the process.

In the situation where the police present themselves in person through a court order, it is recommended that some of the inhabitants identify themselves. This is to gain access to all available informa-tion pertaining to the occupation such as, for example, possible eviction dates. It should be only one person that does this, to reduce the chances of incrimina-tion, and that he or she has no criminal record.

Cases of individual recuperations usually go through civil or criminal proceedings.

The network of individual recuperations that have been driven by local PAHs relies very heavily on support from the social movements, the media (through public denouncement of the social reali-ty of the crisis) and also political support (from institutions, political parties, etc.).


COLLECTIVERECUPERATIONS


COLLECTIVE RECUPERATIONS

3.1 PHASE 1: PRELIMINARY3.1.1 WORK GROUPFor reasons of security, preliminary work for the recuperation of the building should be carried out within a small group of people, who are both experienced and trustworthy.

During meetings, certain precautions should be in place, for example, turning off all mobile phones. Do not give out any details of the designated site, nor give out any concrete in-formation during the PAH general assemblies.

The less information shared, the more guaran-teed that everything will go as planned on the day of action. Along this line, do not concretize details through email, FaceBook, WhatsApp, etc.

3.1.2 SELECTION OF THE BUILDINGThe selection of the building depends on our needs. Do we require many apartments? Is a small building enough? Does it need to be in a particular area?

All of these requirements depend on the “offers” within our municipalities. Typically we look for new buildings that are the property of financial entities and are currently vacant. We

prioritize residential buildings owned by banks and who received government bailouts.

It is important to note the amount of time that has passed since the building was completed. It will be more “legitimate” to occupy a build-ing that has been empty for many years than one recently put up for sale. Nor is there the same neighbourhood support for an occupa-tion a more “trendy” neighbourhood than in the city centre. The best place to find potential buildings for recuperation are on bank real- estate web sites.

Some of them are:Altamira Santander Real Estate: Banco Santander

www.altamirasantander.comAnida inmobiliaria: BBVA

www.bbvavivienda.com www.anida.es

Bankia hábitat: Bankia www.bankiahabitat.eswww.resersubastas.com

CXInmobiliaria: Caixa Catalunya www.cxinmobiliaria.comwww.procam-inmobiliaria.com

Casaktua: Banesto www.casaktua.com

Servihabitat: la Caixa www.servihabitat.com

Unnim Casa: Unnim www.unnimcasa.es

Aliseda gestión inmobiliaria: Banco Popular www.gesaliseda.es

Solvia gestión inmobiliaria: Banco Sabadell www.solvia.es

BMN: Caixa Penedés www.bmnviviendas.com

Aiksa: Kutxa www.aiksa.com

Kutxabank www.kutxabankinmobiliaria.es

Caja Sur Inmobiliaria: Caja Sur www.cajasurinmobiliaria.com

Oportunidades Cam: CAM www.oportunidadescam.es

Ahorro Casa: www.ahorrocasa.com



OTHER TOOLS FOR GATHERING INFORMATIONUsing Google Maps, we can use Google Streetview to see in what state the building was in when the photo was made (the month and year appear below the picture). Using this technique, we can see how much time has passed since the building went up.

It is important to make sure that nobody is living in the building, which should be done on-site. Here are some suggestions:• Pass by the building and see if there is “life”

in any of the apartments. If you can see anything on one of the balconies, this prob-ably means that somebody lives there.

• See if there are any lights turned on at night. • Check out to see if anybody is entering or

exiting the building. • If there is any advertising or piled up letters.

Usually, somebody will pass by the building to carry out maintenance, but sometimes days can go by with no change.

• If anyone we know lives in the area, we can try to find out from them how long it has been since construction was finished on the building, and if the property owner is show-ing it to any prospective buyers.

Not all buildings advertised on the bank real estate websites are the property of the bank. Therefore, after a preliminary selection, we have to make a final check on the property registration.

PROPERTY REGISTRATIONYou can request information in person about the building’s owner at the Land Registry of the municipality, or on the Internet. (www.registradores.org).

This simple document is a brief summary of all entries related to the property. It summarizes the identity of the holder or holders of the reg-istered rights over the property and the nature and limitations of these rights. The information includes any prohibitions or restrictions affect-ing the registered rights for the owners.

The document’s value is purely informative. At the Land Registry office, it will cost us around six euros (depending on the municipality), while on the Internet around nine euros.

After verifying the building’s owner, we can now set up an appointment for a viewing of one of the apartments, which should be

done by somebody who looks like they could actually buy one. It shouldn’t be anybody that can be immediately connected to the PAH, so as not to draw any suspicion. During the visit, pay attention to what kinds of doors need to be opened, if they leave the keys inside the apartment, if it easy to open up a window, or to confirm that there is nobody living in the building. This step is only possible if we don’t draw any attention and therefore create suspi-cion for ourselves.


3.1.3 ENTRY CRITERIA FOR THE FAMILIES It is imperative that the entry criteria for the families involved have been confirmed and agreed upon before the day of the action. The families must be fully informed of the legal consequences that they could potentially suffer and that they can ensure their continu-ous presence during the first few days of the occupation.

Additionally, the families will have exhausted all other possible avenues to acquire a rental, such as negotiating with the bank, requesting social services, and/or social housing, etc.

The recuperation process undertaken by the families should be an active and participatory one, they must demonstrate that they are ac-tive agents in finding solutions to their current situations, and thus following the philosophy of the PAH– to promote empowerment, mutual support, and self-organization.

How should one consider these apart-ments?The apartments belong to the PAH Obra Social, for the simple reason that together

we, as a collective, are responsible for them. Assumedly, the people living in the building will eventually form a real community amongst themselves. They will have to show that they are receivers but also generators of a support network–both give and take–in line with the PAH’s mandate. In a similar manner, people should participate–or one would expect them to do so–in the daily activities of the assem-blies and group initiatives.

Basic criteria for accessThe primary criteria for families who want to gain access to this building is that they have no other possibility of renting an apartment. Additionally, they will have exhausted all pos-sible avenues for trying to resolve their current situation: reapplying to social services–the files in these offices remain open–and going as many times as possible to the housing authori-ty of their local municipality. They should try to use up any resources at their disposal. In this way, our action becomes more legitimate and gains strength.

3.1.4 ALLIANCESIt is important to count on the support of collectives and social movements in our

municipality. Try to set up preliminary “petit comité” meetings; to explain our intentions but without giving out any details. Through these preliminary meetings, we can count on their presence, logistical support and advice come the day of the action.




3.1.5 LEGAL CONSIDERATIONS FOR PHASE 1It is imperative to know the state of the building (how long it has it been in disuse and any information gleaned from the property registry). The longer it has remained vacant, the easier it will be to build up a legal defense; even though this is not critical at this particular phase, as this is not what the legitimacy of the action is based on. This infor-mation, however, will help us build up an argument about speculative hoard-ing practices performed by banks and SAREB.*

Self-incrimination: It will have to be decided who is going to be the one who exposes him or herself to accusation or criminal charges. This person must make herself present and help facilitate any potential judicial process, to gain access to any possible useful informa-tion, such as, for example, possible eviction dates. It is recommended that only one person does this, that he or she has no criminal record, and is a future occupant of the building.

* SAREB (Spanish: Sociedad de Gestión de Activos Procedentes de la Reestructuración Bancaria. English: Company for the Management of Assets proceedings from Restruc-turing of the Banking System) or the “bad bank”, is an asset management company unilaterally created in November 2012 by the Spanish gov-ernment. Funded by public money, to help clean up the Spanish financial sector, SAREB targeted those who experienced the most problems due to the bursting of the housing bubble and received public bailouts to the amount of billions of euros. SAREB received around 200,000 bad loans to the value of 50,781 million euros, 80% of those of which were financial assets, and 20% were real estate assets.

SAREB is in possession of 100,000 empty residential properties scattered throughout the Spain.

Source: La Sareb es Nuestra (Sareb is ours) http://www.lasarebesnuestra.com/


3.2 PHASE 2: THE DAY OF THE OCCUPATION3.2.1 TWO WAYS OF ENTERING THE BUILDING AND PUBLICIZING THE ACTIONThere are two ways of entering the building: option (a) occupying the building directly after a public demonstration; option (b) doing it more discretely and then making a claim to the action immediately afterwards by pulling together a concentration of people and hold-ing a press conference directly in front of the building. Each option has its advantages and disadvantages; one or the other is recom-mendable depending on the characteristics of each PAH node.

option (a) Taking into account the social legit-imacy of the PAH and the respect raised from their actions, this also translates into “special” treatment by law enforcement officials who will not try to stop the action. This will allow us to overcome the first (most) critical moments with support by the public. The unfortunate part is that whoever opens the door (which should be done as quickly as possible) will have to do so with their faces covered and protected by the demonstrators, using a banner or something

similar placed in front of the action. This part is delicate because in the event of being charged with usurpation (‘seize for use’), it is those at the front line of the action (to make this entry possible) who will be the ones exposing them-selves to being charged with a crime. Ideally, it would be better to expose only one person to possible incrimination: somebody who is a member of one the families entering the build-ing. We will explain this later on in the section on general legal aspects.

option (b) If a small group manages to enter the building before publicizing the action–even if it is only a few minutes–then we can lower their risk of being identified. The unfortunate part of option (b) is if it does not go according to plan. Some neighbour could notice what is going on and decide to call the police. The police might already know about the action because of police infiltration, or surveillance of communication within the group. If this hap-pens, then these people could be arrested be-cause there is no large concentration of people mobilized by the PAH to support the action.

3.2.2 GOOD COMMUNICATION OF THE ACTION, ESSENTIAL

From the moment that we enter the building, the most immediate and pressing task is to communicate the action well to the gener-al public, so that the motives for the action become apparent as well as the identity of the collective who are the protagonists of the action.

(a) Police: We will hang a legal notice at the entrance of the building stating the misuse of “in flagrante delicto” (You can find more infor-mation in the legal section of this manual) and the violation of the inviolability of the home by individuals and police. (consult document 1)

(b) Letter to the neighbours: We will print out hundreds of copies of a letter directed at people living in the neighbourhood, which will be dropped in all the mailboxes. Additionally we can talk to people directly. The objective of this undertaking is that people living in the area understand the motives for the action and that the families who are entering the building don’t want to create a disturbance. Try to calm them down and generate sympathy. Give a sense of the building; by providing data on bank bail-outs using public funds, on evictions and that this building was vacant (consult document 4).



(c) The press and media in general: Before carrying out the action, it is imperative to have already prepared a communication directed towards the press, which will be sent out to all of our media contacts. Have it all ready to go in the “draft” section of an email program, to be able to send it out with only one “click” at the moment of entry. If a camera or journalist arrives before the police do, this is always in our favor.


3.3 PHASE 3: DAYS FOLLOW-ING THE OCCUPATION3.3.1 NEGOTIATION WITH THE BANKOnce the building has been occupied, it is essential during the first few days to get in contact with the property owner (the bank), to open up a negotiation so that the families housed in the recuperated building can start to formalize their pending situation through payment of a social rent. During the negoti-ation, it is vital to take into account that the social rent should never go above 30% of the family’s income. In the case where families have no income then, logically, the social rent will be zero euros monthly.

To demonstrate our willingness to pay, and to

arrive at an agreement with the property owner (the bank), we can open up an account in the same bank and make a monthly deposit of an amount which corresponds to the social rent. (This is a symbolic gesture. Try to make the first deposit in front of the press).

3.3.2 BUREAUCRATIC FORMALIZATION OF THE NEW COMMUNITYTo formalize and regulate the situation of the families rehoused in the building as quickly as possible, it is important that they officially register themselves at their new address.

Disregarding the fact that this is a squat, in general, everybody must register where they officially live. This official procedure ensures medical assistance at the primary health-care centre closest to their place of residence, access to schools for their children–for those who have them–and the creation of a neigh-bourhood community within the recuperated building. This last step is a symbolic act, how-ever, at the same time, necessary to normalize the situation of the rehoused families. This association can also be used to open up a bank account for rent, and could also be useful for the judicial process. See attached model (consult document 3).

3.2.3 LEGAL CONSIDERATIONS FOR PHASE 2Publicize the action so that it is not filed away as a “robbery”. The police cannot intervene at the moment of entry citing “in flagrante delicto”, and will not be able to do so without a court order.

Do as little damage as possible to the entrance. Change the lock and close the doors as fast as possible.

Place a poster directed at the police at the entrance of the building. (consult document 1)

When the police arrive, only provide the identification of one person that chooses to incriminate his or herself. Do not give out any other first or last names in their presence.



3.3.3 POLITICAL, SOCIAL AND MEDIA DEFENSE OF THE BUILDINGDuring the first few days and weeks of the occupation, it will be necessary to consolidate political, social and media awareness about the recuperation of the building. To this end, we need to use all weapons of diffusion and media propaganda at our disposal, to defend publicly the importance and necessity of these types of recuperation actions. The consent and support of neighbours, collective and social movements in our city or neighbour-hood are crucial, to help support our actions and defend our fight for the right to housing. We put pressure, by whatever means possible, on the local administration so that if they don’t recognize these types of actions, then at least are not antagonistic towards them. Media-tion should also be requested from the local administration and other official entities to help resolve the situations of the families currently living in the building. To request mediation from City Hall and the Bar Association please consult document 2.

Identifying visually the recuperation of the building is essential. Banners with logos from the PAH Obra Social campaign should be hung up in front of the building and be visible from the street.

3.3.5 LEGAL CONSIDERATIONS FOR PHASE 3Make it very clear that the police can-not intervene without a court order. You don’t have to open the door to them. Do not engage in any conversation with the police and, instead, redirect them to the courts.

Maintain good relations with the neigh-bours and inform them of the situation. In a future court case, the neighbours could act as witnesses in our favor. Cases of collective recuperations usually go through criminal proceedings. It is important to set up a neighbour-hood community and open up a bank account to deposit the rent (30% of income). These steps defend the neces-sity of the occupation, and show in good faith the intention of formalizing use of the building.

Look for social support (from social movements, neighbours), media support (through public denouncement of the social reality of the crisis) and political support (from institutions, political par-ties, etc.)

3.3.4 UTILITIESIt is essential to provide the apartments within the occupied building with both electricity and water, to make them more livable. As we are dealing with a recuperated building, we cannot just go to the respective utility companies, but instead, will have to “turn on” (pirate) the water and electricity ourselves. What we are doing here is illegal, and will have to be carried out with extreme caution and discretion; by doing it at night, avoiding times when there are many people out on the street, and by making sure that there are no police around.

In the PAH or associated collective(s), there are always people around with the technical knowledge to carry out these actions. If this is not the case, then we can also reach out to trusted friends, who can help us out with this type of job.

Nevertheless, on the Internet, there are many manuals that explain how to do this. Here are the links to some of them:

Manual de Okupación ‘Okupa Tu También’Recursos de información de la Oficina de Vivi-enda de MadridGuía de la Oficina de Okupación de Bilbo


GENERAL LEGAL

ASPECTS


GENERAL LEGAL ASPECTS

It is important to know about and take into ac-count certain legal aspects, to prepare for this type of action (for “individual recuperations” as well as “collective recuperations”). In both cases, it is important to follow the precaution-ary measures explained in each part of the process, which will help us in the defending the action.

One should be aware of the legal consequences and judicial proceedings that might result from these types of operations. Never-theless, don’t forget that the social, economic and political climate that we currently live in will, in some way, support in legitimizing this action; if we know how to look for and access all valuable media and political support.

For this reason, is it important to convey the nature of the occupation based on these terms, to gain traction in any legal process that might occur. A good network of social sup-port (from social movements, institutions that declare themselves in support of the occu-pation, denouncement by the media, public demonstrations, etc.) has, on many occasions, slowed down the legal process, while at the same time helped us to raise the level of awareness in various social sectors.

4.1 JUDICIAL PROCESSThe legal proceedings instigated by the occupation of the building can go through two different routes: the civil or the criminal. The property owner (the bank) is the one who decides whether to push through one type of lawsuit or the other.

Based on (our) experience, normally cases of individual recuperations can go either of the two ways, while collective recuperations are usually processed as a criminal lawsuit.

The primary differences between the two are the following:

4.1.1 CRIMINAL PROCEEDINGSJudged for usurpation (‘seize for use’), which carries a penalty of a fine over a period of 3 to 6 months and which, in the case of non-pay-ment, then incarceration takes the place of the fine at the rate of one day for every two that is unpaid. For this reason, it is critical that there is nobody living in the apartment at the time of the court case, or the crime and penalty will be even worse. It will be in the legal defense’s favor if the building has been vacant for some time, to avoid an eviction using ‘accelerated possession’. It will make it more difficult for the

property owner (the bank) to argue for such an urgent measure before the trial, to get back a building that hasn’t been in use for some time.

What is a penalty-fine? With this type of con-viction, a person can be taken away to prison for non-payment of a fine. The penalty-fine is defined by sentences of a certain length and fi-nancial sum: the amount of time is a minimum of ten days and a maximum of two years; the sum a minimum of two euros and a maximum of 400 euros a day. The courts will take into account the economic situation of the person convicted (purchasing power, income, personal or other obligations and family responsibilities, etc.). If the convicted person does not fulfill the requirements of the imposed punishment, then he becomes liable for one day of incarceration for each two days of the unpaid fine. There is the possibility to pay the fine by performing community work service. The crime of usurpation: Article 245.2 of the Criminal Code says: “Whoever occupies, with-out proper authorization, building, single-unit property or dwelling, against the will of the owner, shall be punishable by a fine of three to six months.”


It is in our interest to explain that we don’t have any particular desire to stay in the build-ing. We are currently using it for reasons of ne-cessity because there is no alternative lodging. We are dealing with the non-compliance of the obligations by public administrations, and a situation of speculative hoarding practices and anti-social implementation of property rights by the bank (use requests for negotiations with the bank, social housing, etc.). We can claim that residential properties currently not being used should be put back into the hands of the people. By our living in the building, we can show a definite improvement to it’s previous anti-social, not-lived-in state (use letters from neighbours and social organizations showing their support, etc.).

Therefore, as an argument for the defense, one can refer to the crime of speculative hoarding. Paragraph 1 of Article 281 of the Criminal Code states: “Whoever removes raw materials or products of basic need from the market in order to interrupt supplies to a sector thereof, to force an alteration in prices, or to seriously affect consumers,…”. It would, therefore, require a cessation of the crime of hoarding: speculative hoarding to artificially maintain price levels and create a monopoly of access.

It asks that the right to housing takes prece-dence over anti-social use of the property, purposely left empty for financial gain, and thereby denying a fundamental right to decent housing to a large part of the population. It is something that we denounce as a systematic violation of human rights: one that forces a significant proportion of the population–threat-ened with social exclusion–to legitimately take back those rights when faced with such a frag-ile situation and total absence of their right to housing. Those in power, who should be pre-venting and not supporting such speculative hoarding practices, should be the ones putting such a fundamental need–having a place to live–back into hands of the population.

The process of a criminal suit is easier to defend than a civil one. If the occupation of the building carries the burden of political ram-ifications, then the crime of usurpation (‘seize for use’) is put into question.



absence of alternative lodging for people with little recourse. State clearly the situation about speculative hoarding practices, and show proof of the willingness to negotiate and try to reach an agreement.

In both cases, the civil and the criminal, you can submit appeals and requests from social movements, organizations, and institutions to the judge, to not carry out an eviction using ‘accelerated possession’. Social and media pressure will be the most efficient weapons for a successful defense, to ensure that people will be able to stay in the recuperated building. In both the civil and criminal proceedings we can appeal to the court that a forced eviction without any alternative lodging is both degrad-ing and inhumane.


4.1.2 CIVIL PROCEEDINGSThrough this route, the judgment is about who owns the building; that is to say, defending the private property. The defense on our part is more complicated because the law, by techni-cality, supports the private ownership, without taking into account the political ramifications of the action. In this case, we can appeal to the law that defends housing as a right to all citizens; one that takes precedence over private property rights on the part of the plaintiff, even though it is only at the ethical or social level of justice. The legal basis for this housing right is Article 47 of the Spanish Constitution, which is not a fundamental right, as one would believe. Article 47 embodies a principle that doesn’t require fulfillment, where-as the right to property is one enforceable by the courts.

The civil route is a relatively fast process; one might deal with a similar strategy in a “Stop Evictions” case and without serious legal con-sequences. During the trial, one should state in front of the judge that this is a situation of dire need and that there is no intention of perma-nently staying in the building. One should also declare that the action is a response to the


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5.1 DOCUMENT 1: INVIOLABILITY OF THE HOME

Legal notice of the abusive use of “In flagrante delicto” and the violation of the inviolability of the home by individuals and members of the police.

1. This is–at least provisionally–OUR HOME, and we don’t intend to leave it. We invite any-one (physical, judicial) that questions our right to stay in this building, to go the legal route, leaving it up to the courts to decide, as they deem appropriate. 2. The current legal system defends the IN-VIOLABILITY OF THE HOME, except in three cases: “In flagrante delicto”, court order and with the inhabitant’s consent. (articles 545 y 553 LECr.).

3. According to the Supreme Court, for the case to be considered one of “In flagrante delicto,” it has to be witnessed directly by law enforcement officials while the crime is be-ing committed, and as a matter of clear and immediate urgency according to the following assumptions:

That it is witnessed directly and not based on speculation or information provided by third-person accounts.

The immediacy of the crime. That it is being committed at that very moment.

The presence of the people who are com-mitting the crime and with the instruments to carry it out.

That there is an urgent need to intervene, to prevent the criminals from escaping or that there is some injury being produced against basic legal rights.

4. Until the court decides otherwise, or we find alternative lodging, we will stay here, and therefore entering into our home will be report-ed as a crime of BREAKING AND ENTERING, punishable under the Article 202 of the Crim-inal Code, and punishable by imprisonment for a period of six months to two years, if committed by individuals. If perpetrated by an authority or public official, it will be considered

VIOLATION OF DOMESTIC PRIVACY, under the Article 534 of the Criminal Code, punish-able by disqualification from service for 2 to 6 years.


INVIOLABILITY OF THE HOME


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5.2 DOCUMENT 2: REQUEST FOR MEDIATION


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5.3 DOCUMENT 3: FORMALIZE AN NEIGHBOUR’S ASSOCIATION


5.4 DOCUMENT 4: EXAMPLE LETTER TO THE NEIGHBOURS

TO ALL NEIGHBOURS

We want to inform you that the PAH (Mort-gaged Victims’ Platform) has liberated a build-ing in your area. We ask for your understand-ing and patience in these first hectic moments.

For some time now, the PAH has been fight-ing against the injustices brought on by the (economic and social) crisis; a scam by the very wealthy to rob from the very poor. One of the worst crimes of this scam is to the families who, not being able to pay their mortgages, see themselves being thrown out on the street and indebted for life.

It is the case of the families who are about to enter the building that we have just recuperat-ed. Families who, not having anything, would be tomorrow homeless and sleeping out on the street. That is if it were not for us having just taken back that which should never be taken away; a roof to sleep under.

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The building that we have recuperated be-longs to XXXXX, a bank who received public bailouts. (add information about the bank in question or about SAREB).

During these first few days, there will be more people on the street than usual, but this is a temporary situation and is only to ensure that the families can get themselves set up, without any problems.

For the PAH, we don’t wish to disrupt the everyday coexistence on this street and want to collaborate in whichever way necessary so that things go smoothly. We have also occu-pied this building in such a public manner to highlight the problem that affects us all and is an essential part of our daily struggle against banks and speculators.

This Monday, the PAH and the families will start to negotiate with the property owner (the bank) to obtain a fair rent for the recuperated housing.

If you know of any cases of families who are experiencing difficulties paying their mortgag-es, don’t hesitate to let them know about the meeting day and time of our local assembly (put the information about the day and time of the local assembly meeting)

Thank you for your understanding.

ACTIONS


If, after reading this manual, you have any questions, confusions or suggestions, or you are thinking

about becoming involved in the work of the PAH Obra Social,

then contact us!

[email protected]/

obra-social-pah@ObraSocial_PAH

Documents

PAH OBRA SOCIAL MANUAL · 2016-08-22 · Neighbours can help facilitate access to the property. On the day of the eviction, they might leave open the most viable and hard to deac-tivate